NATH MAL Vs. DAULATRAM BAIJNATH

JUDGEMENT

(1.) This is a second appeal by the plaintiff in a suit for recovery of money.

(2.) One Thakur Dass Khim Raj of Beewar filed a suit for recovery of money against Tejmal Shankerlal in the Court of District Judge Jodhpur which was compromised by an agreement by the defendants in that suit to pay Rs. 5800. Tejmal Shankerlal borrowed Rs. 2000 from the plaintiff as a part of the amount to be paid to Thakurdass Khimraj. It was alleged that Daulat Bam and Baijnath respondents by an agreement Ex. P. 1 dated Migsar vad 12 Section 1998 agreed to pay this amount to the plaintiff. The plaintiff claimed Rs. 2000 principal and Rs. 680 by way of interest thereon.

(3.) The respondents admitted having executed the agreement but, it was alleged that according to the terms agreed upon, the amount was realisable from the proceeds of the decree held by the respondents against Shah Daudasa and Mb. Chandrabhaga under execution in the Court of the District Judge Jodhpur (Execution case NO. 7 of 1940-41) and further that even out of the realisations only one fifth of the amount was to be paid to the plaintiff. It was further pleaded that no amount had been received in the decree after the agreement and in any case, they were not personally liable.